NAGESHWAR DIPTA Vs. STATE OF H P

JUDGEMENT

(1.) The instant petition has been instituted by the bail petitioner under Sec. 439 Cr.P.C, for, his being released from judicial custody, wherein he is extantly lodged for his allegedly committing offence(s) punishable under Sec. 20 of ND&PS Act, in respect whereof, FIR No. 247 of 2018 of 5.12.2018, is lodged, at Police Station Dhalli, District Shimla, Himachal Pradesh.

(2.) The learned Additional Advocate General, on instructions meted to him by the Investigating Officer, has made a clear submission, before this Court that the afore quantum of charas, as, stood recovered from the exclusive possession of the bail applicant hence weighing 1 KG 83 grams, and, the quantity of purified resin therein, being 32.05%, (a) and, he further submits that after separating/excluding, the afore quantum, of, pure resinous substance, as carried in the afore quantum of charas, the quantum thereof, also rather falling within the category of less, than, commercial quantity thereof. Consequently, when the pure resinous substance, as found, in the total haul of the contraband, hence falls within the category of less, than commercial quantity or intermediate quantity thereof, (b) hence bearing in mind the afore parameter, this Court is constrained to, afford facility of bail, vis-a-vis, the bail applicant, given there being no statutory bar against granting of bail qua any relevant item of contraband upon its falling within less than commercial quantity thereof.

(3.) Moreover, when also at this stage, no material, has been placed on record, by the prosecution, demonstrating that in the event of bail being granted to the petitioner/bail applicant, there being every likelihood of his fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to afford, the facility of bail in favour of the petitioner/bail applicant. Accordingly, the petitioner/bail applicant is ordered to be released from judicial custody, subject to compliance by him with the following conditions:-